Loading...
HomeMy WebLinkAbout2002 - MINUTES - 9/18/2002 CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 18, 2002 , A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, September 18, 2002, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Mills, Reller-Spurgin, and Mayor Kleindienst Absent: Councilmember Oden The meeting was opened with the Salute to the Flag, and a Moment of Silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on September 13, 2002. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: None, HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, members reconvened as the City Council. PUBLIC COMMENTS: Mitch Levine, Executive Director of Nortel Palm Springs International Film Festival, requested approval pf Item 1; and added that the funding is need to cover local vendor expenses from the short festival held during the month of August. Ana Haagstrom, Palm Springs, requested as joint operator of the Tennis Center, that Item 15 be continued to allow review of the Amendment by all parties. Dave Baron, representing Palm Springs Tennis Center Owners Association, requested item 15 be considered for approval; that the lease is ready for action; that all development plans are on file with the City and requested the common maintenance fee be reassessed to determine real costs. Mr. Hough, Palm Springs, stated the police blotter should be in the newspaper and requested same; and questioned if the information being given by the DeVille Group regarding the trash contract is correct. Scott Kennedy, Palm Springs, stated that the cell tower proposed in the area of Victoria , Park has been reviewed by some of the neighbors and that the consensus is that the tower would best be located near a building. Council Minutes 09-18-02, Page 2 Police Chief stated that the police blotter issue is under review at the department; and that it is the Desert Sun that determines whether or not to include the statistics. APPROVAL OF CONSENT AGENDA: City Manager withdrew items 7 and 8. It was moved by Reller-Spurgin, seconded by Mills and unanimously carried, Oden absent, that Items 1 thru 11, excluding 1 and 9 be adopted. Review by City Manager of Consent Items to be clarified. 1. SEE EXTENDED CONSENT AGENDA 2. Res 20459 approving release of land by the Federal Aviation Administration for the sale of a 4.762-acre parcel on airport property currently housing the Palm Springs Unified School District Operations & Maintenance Facility; and rescinding R20381 regarding same. Oden Absent. 3. MO 7155 terminating lease with Illinois Tool Works A3308 for airport property located at 3101 Alejo Road; and Res 20460 approving a lease with KARBZ, Inc dba SSC Racing for a term of 10 years with monthly rental payment of $4,708. A4563. Oden Absent. 4. Res 20461 extending the period for retaining properties acquired by the Community Redevelopment Agency using monies from low and moderate income housing fund to August 19, 2007. -Oden Absent. 5. MO 7156 ratifying a purchase order with Ross Associates for vehicle refurbishment of an undercover vehicle utilized by the Palm Springs Narcotics Task Force for $25,069.02. Oden Absent. 6. Res 20462 approving Parcel Map 29638 for Warner Engineering representing Sunrise Place to subdivide property located at 425 Sunrise Way into eight parcels. Section 14, T4S, R4E, APN 508-110-007, 508-110-008, 508-110-040, 508-110-041, 508-110-042. Oden Absent. 7. Res ----- making a finding pursuant to Section 33445 of the California Health & Safety Code relating to a Disposition and Development Agreement of the Community Redevelopment Agency to effectuate the construction of a vacation ownership resort located on South Palm Canyon Drive in Merged Project Area 1. See CRA A. Withdrawn. 8. Res ----- concurring with the Community Redevelopment Agency regarding the approval of a Disposition and Development Agreement with SCHLPS, LLC. See CRAA. Withdrawn. 9. SEE EXTENDED CONSENT AGENDA 10. MO 7157 approving agreement with The Planning Center of Costa Mesa to finalize the City's Housing Element and submission to the California Department Council Minutes 09-18-02, Page 3 of Housing and Community Development for $14,667. City portion $5,678.61. ' A4564. See CRA C. Oden Absent. 11. Res 20463 and 20464 approving Payroll Warrants and Claims & Demands. Oden Absent. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Reller-Spurgin 979792 Spurgin Spouse 979894 Spurgin Spouse EXTENDED CONSENT AGENDA: 1. NORTEL PALM SPRINGS INTERNATIONAL FILM FESTIVAL Recommendation: That the Council approve Amendment 2 to A3090 with the Palm Springs International Film Festival for financial operational support in the amount of$150,000 for a term 6-30-03. Councilmember Hodges stated that in the past week the Council did take action to support Scenario C in case the Utility User Tax is rescinded in November; that this is not the time for expenditures and that the item should be postponed until after the election. City Attorney stated staff did include provisions in the Amendment should Measure U pass, the second and final payment of the year will not be made. Councilmember Reller-Spurgin stated the City is not sure of its funding at this point; however, the funding being requested is to fill the gap from the August short film festival; that the outcome of the election is essential, but that the business of the City must continue. Councilmember Mills stated the City has sponsored this event in the past; that the operations of the City or commitments made by the City should not come to a halt awaiting the outcome of an election; that the budget can be adjusted after the election, but that the City does need to live up to its commitments. Mayor stated funding is addressed in the agreement should the Utility User Tax be rescinded; that all funding will need reassessment at that point; that right now we need to send a clear and strong message that business is continuing in the City; that the Council has worked hard in the past to improve the quality of life for its citizens, and has been successful; that open and public support of the event should be given for support with the condition included relating to outcome of the election and that once an event is lost it is near impossible to regain. Minute Order 7158 was presented; after which, it was moved by Kleindienst, seconded by Mills and carried by the following vote that MO7158 be adopted. AYES: Members Mills, Reller-Spurgin and Mayor Kleindienst NO: Member Hodges ABSENT: Member Oden. Council Minutes 09-18-02, Page 4 ' 9. PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) Recommendation: That the Council authorize a correction to Amendment 15 of the California Public Employees' Retirement System contract. A37. Mayor questioned what an inactive member not yet qualified is. Assistant City Manager reviewed the staff report and added that an inactive member not yet qualified is one that has left the PIERS system, but is not yet receiving retirement benefits. Resolution 20465 was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin and unanimously carried, Oden absent, that R20465 be adopted. PUBLIC HEARINGS: 12. TPM 30703 —700 W. STEVENS ROAD Recommendation: That the Council approve Tentative Parcel Map 30703, subject to conditions, with John L. Sanborn for Melvyn Haber Revocable Trust to divide one parcel; into two parcels for property located at 700 W. Stevens Road. Zone R-1-A, Section 10. Director of Planning and Zoning reviewed the staff report, no further report was given. Mayor declared the Hearing open. John Sanborn, Sanborn A & E, stated availability for any questions. There being no further appearances, the Hearing was closed. Resolution 20466 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Mills, and unanimously carried, Oden absent, that R20466 be adopted. 13. TPM 30581 — STROKE ACTIVITY CENTER Recommendation: That the Council approve Tentative Parcel Map 30581, subject to conditions, with the Stroke Activity Center to subdivide four acres into two parcels located on the northeast corner of Alejo Road and Commercial Road. Zone PD158, M-1-P, Section 12. Director of Planning & Zoning reviewed the staff report and added that the ' Center did request and that it is recommended that Conditions 10-15 be waived. Mayor declared the Hearing open. Margo Thibault, representing the Stroke Center, concurred with staff and added that Conditions 100-015 are requested to be waived. Council Minutes 09-18-02, Page 5 There being no further appearances, the Hearing was closed. , Councilmember Hodges questioned the imposing of so many improvements when the action is to simply divide a lot. Director of Planning and Zoning stated a parcel covers the land in its entirety; that when a request for subdivision is made, the Ordinance requires street improvements to be incorporated with the approval process; that in this case the front parcel does have an existing building, but in most cases that is not the case. Councilmember Hodges stated it might be that the Ordinance should be reviewed; that there may be an unnecessary burden of expense being added to the applicant. Director of Planning & Zoning stated when a subdivision of land occurs, there are a new set of circumstances created; that in some cases the curbs and gutters need to be pulled back to meet the General Plan requirements; and that the Ordinances currently in place are reflective of what most Cities have in place. Councilmember Hodges questioned the difference between item 12 and 13. Director of Planning & Zoning stated in the case of Item 12 there is a covenant in ' place that does defer the improvements through the building and planning processes. Resolution 20467 as revised deleting Conditions 10 — 15 was presented; after which, it was moved by Mills, seconded by Reller-Spurgin and unanimously carried, Oden absent, that R20467 be adopted. COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 14. COACHELLA VALLEY ELECTRIC DISTRIBUTION RATES Recommendation: That the Council approve an agreement with Henwood Energy Services for an independent rate comparison of local electric distribution rates and revenues for $20,000; and authorize a budget adjustment for fiscal year 2002-03. A4565. Assistant City Manager reviewed the, staff report. and added that Southern , California Edison will fully reimburse $20,000. Councilmember Hodges stated the CVAG group has disbanned and the support is gone for this issue and that it is surprising that the item is being considered. Council Minutes 09-18-02, Page 6 ' Assistant City Manager stated support is waning, but not totally gone; that Southern California Edison has agreed to the third party analysis to verify the pervious study and is at no cost to the City. Mayor stated the belief that the rates are not accurate is prevalent; that there is an ebb and flow of interest in the subject; that with the study the information will be provided and that it is at no cost to the City. Minute Order 7159 as recommended was presented; after which, it was moved by Hodges, seconded by Mills, and unanimously carried, Oden absent, that MO7159 be adopted. Minute Order 7160 as recommended was presented; after which, it was moved by Hodges, seconded by Mills and unanimously carried, Oden absent, that MO7160 be adopted, 15. TENNIS CENTER LEASE Recommendation: That the Council approve a lease with the Palm Springs Tennis Club Owners Association for the development and operation of the northern undeveloped portion of the Palm Springs Tennis Center, located at 1300 East Baristo Road; and approve Amendment 1 to A4475 with Kurt and Ana Haggstrom regarding maintenance and repair of common areas. A4566. Director of Community & Economic Development reviewed the staff report and added that the terms between the two contracts are basically the same; that the agreements do set out a system for maintenance costs for common areas; that the cost has been set at $500.00 per, month to be equally divided between the parties; and that it is recommended to remove language in Exhibit G, Section 4 relating to the last sentence. City Attorney stated the estimates for maintenance were done; that the proposed amount does allow for an appropriate margin°of error; that the walkway on the Matzner development plans still need approval through the planning process and input will be provided during that process. Councilmember Reller-Spurgin stated this issue has been ongoing for some time; that the Council was told that the maintenance costs would be up to $500.00; that the costs need to be covered, but that each party is entitled to a correct amount that will be due and payable; that a reestimate by the landscape contractor would be in order. Motion to approve the lease subject to re-estimate of common area maintenance costs were presented; after which it was moved by Reller-Spurgin and died due to a lack of second. City Attorney stated it is not clear who will be the landscape contactor; that the amount proposed is to try and prevent future arguments over costs. Councilmember Mills questioned the length of review time the leasers have had with the lease and lease amendment. Council Minutes 09-18-02, Page 7 Director of Community & Economic Development stated both parties have ' exceeded a week for review. Minute Order 7161 and 7162 as recommended to include amendment to Exhibit G and the addition of restripping to the lease and amendment was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin and carried by the following vote that MO7161 and 7162 be adopted. AYES: Members Hodges, Mills and Reller-Spurgin NO: Mayor Kleindienst ABSENT: Member Oden. 16. HSPB 33— CAREY-PIROZZI HOUSE —651 VIA ESCUELA Recommendation: That the Council approve a Historic Property Preservation Agreement (Mills Act) with the Pirozzi Family Trust for the Carey-Pirozzi House, located at 651 W. Via Escuela. A4567. Director of Planning & Zoning reviewed the staff report. Councilmember Mills questioned if the designation follows property ownership. Director of Planning & Zoning stated that the designation can follow ownership and is reviewed annually and that if the site is not historically maintained then the agreement is violated and the designation is terminated. Minute Order 7163 as recommended was-presented; after which, it was moved by Mills, seconded by Reller-Spurgin, and unanimously carried, Oden absent, that MO7163 be adopted. 17. MUNICIPAL CODE AMENDMENT— SUBDIVISION ORDINANCE Recommendation: That the Council amend the Municipal Code Chapter 9.62 regarding Tentative and Final Maps. Director of Planning & Zoning reviewed the staff report and added that this action would extend the exclusion to property owners in Palm Springs and would be an enhanced modification to the Ordinance. City Clerk read Title of Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CITY SUBDIVISION ORDINANCE. after which, it was moved by Mills, seconded by Hodges and unanimously carried, Oden absent, that further reading be waived and the Ordinance be introduced for first reading. Council Minutes 09-18-02, Page 8 ' 18. ENGINEERING PLAN CHECK COMPREHENSIVE FEE SCHEDULE Recommendation: That the Council approve an agreement with Fomotor Engineering and Engineering Resources of Southern California for plan check services for 2 years with option of renewal for an additional two years each for a total of$100,000 per year. A4568, A4569. Councilmember Mills questioned if the performance for both firms has been on time and satisfactory, adding that approval should not only be based on low bid, but performance also, City Engineer stated that an RFP process was not performed; that Fomotor is an existing contractor and for the most part does plan checks on time. Minute Orders 7164 and 7165 as recommended were presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Oden absent, that MO7164 and 7165 be adopted. Resolution 20468 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried, Oden absent, that R20468 be adopted. 19. ADDITIONAL LEGISLATIVE ITEMS: None ADDED STARTERS: None REPORTS & REQUESTS: CITY COUNCIL reports or requests 20. Treasurer's Investment report of July 31, 2002` received and filed. 21. Villagefest Sub-Committee schedule interview dates. 10-3-02, 3 to 5 p.m. PUBLIC reports or requests STAFF reports or requests ADJOURNMENT: There being no further busine or declare h meneting adjourned. ' PATRICIA A. SANDERS City Clerk